REFUSAL OF ENTRY

POLICY: It is the policy of the Division of Occupational Safety
and Health to secure an inspection warrant when permission to
inspect a place of employment is refused, or when circumstances
reasonably justify the Division not seeking permission to inspect
a place of employment.

PROCEDURES:

A. CONSENT TO INSPECTION

Initial Contact

After initial contact with the employer, compliance
personnel shall present to the employer their State of
California Identification.

Opening Conference and Inspection Request

After presenting appropriate credentials,
compliance personnel shall conduct an Opening
Conference with the employer and, at the
conclusion of the Opening Conference, request
permission from the employer to conduct a physical
inspection of the worksite.

If the employer refuses to grant permission to the
Division to conduct an inspection, compliance
personnel shall inform the employer that the
Division has the authority to seek an inspection
warrant.

NOTE: Compliance personnel may cite an
employer for a violative condition which is
clearly visible from a public location even
if the employer denies permission to conduct
an inspection.

Refusal to Grant (or Withdrawal of) Permission

Compliance personnel shall interrupt their inspection
and leave the worksite when any of the following
conditions occur:

At the time compliance personnel make initial
contact, the employer refuses to give permission
to enter the workplace;

After compliance personnel conduct an Opening
Conference, the employer refuses to permit
compliance personnel to conduct the walkaround
portion of the inspection; or

At any time during the course of the inspection,
the employer withdraws to continue any part of the
inspection.

NOTE: If a subcontractor who is to be inspected at an
multi-employer construction worksite refuses to grant
permission for an inspection, and the general
contractor does not overrule the subcontractor,
compliance personnel shall inform the general and
subcontractor that the Division has the authority to
seek an inspection warrant and leave the worksite.

Division Management Notification

When an employer refuses or withdraws permission
to inspect a worksite, or continue an inspection,
compliance personnel shall promptly notify the
District Manager of the employer's refusal or
withdrawal to inspect a worksite.

The District Manager shall in turn promptly notify
the Regional Manager of an employer's refusal, or
withdrawal, of permission to inspect a worksite.

B. INSPECTION WARRANT PROCESS

Legal Unit Notification

When compliance personnel notify the District
Manager of an employer's refusal, or withdrawal,
of permission to inspect a worksite, the District
Manager shall notify the appropriate Legal Unit
Office (North or South) and request that the Legal
Unit prepare a Declaration in support of an
Inspection Warrant and an Inspection Warrant.

The District Manager shall fax a completed Warrant
Request Form (Cal/OSHA Form 25) to the appropriate
Legal Unit Office (North or South). See
Attachment A.

Legal Unit Evaluation

After receipt of an Warrant Request Form, the
Legal Unit shall determine if the facts support
issuance of an Inspection Warrant by evaluating
the information contained on the Warrant Request
Form and consulting with the District Manager and
compliance personnel about the factual basis
relating to the employer's refusal to permit an
inspection.

The Legal Unit shall prepare an Inspection Warrant
based on the information contained in the Cal/OSHA
Form 25 and any other available information
demonstrating that a comprehensive inspection of
the worksite is needed.

After preparation of the Inspection Warrant has
been completed, the Legal Unit shall send the
Declaration in support of an Inspection Warrant
and the Inspection Warrant to the District
Manager.

Judicial Approval and Signature

After receipt of the Declaration and Inspection
Warrant, compliance personnel shall take the
original of the Declaration and the original and
two copies of the Inspection Warrant to the
Superior Court in the county in which the place of
employment to be inspected is located to obtain
judicial approval and signature of the Inspection
Warrant.

Compliance personnel shall present the Declaration
and Inspection Warrant to the Superior Court and
request that the court:

Grant an Inspection Warrant which permits the
Division to conduct a comprehensive
inspection of the worksite;

Make the Inspection Warrant valid for the
full fourteen (14) days provided by statute;

Waive the twenty-four (24) notice requirement
of the Code of Civil Procedure Sec. 1822.56,
based on the statutory prohibition against
advance notice in Labor Code Sec. 6321 and the
need for immediate execution; and

NOTE: If the court refuses to waive the
notice requirement, compliance personnel
shall: (a) notify the District Manager,
who shall in turn notify the Regional
Manager, the Deputy Chief for Field
Operations and the Legal Unit that
advance notice will be given as so
directed by the court; and (b) indicate
that advance notice was given in Item 19
on the Cal/OSHA Form 1.

Approve and sign the Inspection Warrant.

If the judge raises any legal issues pertaining to
the Declaration or Inspection Warrant, or refuses
to approve and sign the Inspection Warrant,
compliance personnel shall immediately contact the
Legal Unit for assistance.

Employer Service

After obtaining the signed Inspection Warrant,
compliance personnel shall return to the worksite
as soon as possible and within the period of time
specified on the Inspection Warrant, and show the
original Inspection Warrant to the employer and
leave a copy with the employer.

NOTE: Some Superior Court Clerks will retain
the original Inspection Warrant and certify a
copy for service on the employer.

If an employer, when presented with an Inspection
Warrant, wishes to grant permission for the
inspection and not have issuance of an Inspection
Warrant "on their record," compliance personnel
shall explain that the Inspection Warrant is a
court order and that the Division has no
discretion but to serve the Warrant.

After serving the employer with a copy of the
Inspection Warrant, compliance personnel shall
conduct an inspection of the worksite, complete
the inspection within the time specified on the
Inspection Warrant, complete the Warrant Follow-up
Form (Cal/OSHA Form 25X) and return the Form 25X
to the Legal Unit. See Attachment B.

Return To Inspection Warrant Forms

After completing the inspection, and prior to
expiration of the Inspection Warrant, compliance
personnel shall complete one of the Return to
Inspection Warrant Forms, whichever is
appropriate, and file the original Inspection
Warrant and the original Return Form with the
Superior Court Clerk. See Attachments C and D.

Compliance personnel shall also send a copy of the
Inspection Warrant and a copy of the Return to
Warrant Form which was filed with the Superior
Court Clerk to the Legal Unit, and place copies of
the Warrant and Return Form in the inspection
file.

C. REFUSAL TO ALLOW INSPECTION PURSUANT TO AN INSPECTION WARRANT

If an employer refuses to allow compliance personnel to
conduct an inspection of the employer's worksite
pursuant to a lawful Inspection Warrant, compliance
personnel shall leave the worksite and immediately
notify the District Manager of the employer's refusal.
The District Manager shall in turn notify the Legal
Unit of the employer's refusal.

The Legal Unit shall determine an appropriate course of
action which may include one of the following:

Seeking an Order to Assist from the same court
which granted the Inspection Warrant to enforce
the Inspection Warrant for the Division; or

Other necessary legal process to obtain
enforcement of the Inspection Warrant.

D. OFFICE PROCEDURES AND FORM DISTRIBUTION

If an Inspection Warrant is required, compliance
personnel shall complete the Cal/OSHA Form 25 and
submit the Form 25 to the District Manager for review
and approval.

Office Support Staff shall fax the Cal/OSHA Form 25 to
the Legal Unit and notify, if approved, the Legal Unit
by telephone that the District if requesting an
Inspection Warrant.

After service of the Inspection Warrant, compliance
personnel shall complete the Cal/OSHA Form 25X and one
or more of the Returns to Inspection Warrant Forms and
file the original Inspection Warrant and the original
Return Form with the Superior Court Clerk, place copies
in the inspection file and route copies to the Legal
Unit.